From Wikipedia, the free encyclopedia

Blackmail is the crime of threatening to reveal substantially
true information about a person to the public, a family member,
or associates unless a demand made upon the victim is met. This
information is usually of an embarrassing, socially damaging,
and/or criminally-incriminating nature. As the information is
substantially true, the act of revealing the information may not be
criminal in its own right nor amount to a civil
lawdefamation;
the crime is making demands in exchange for withholding it. English
Law creates a much broader definition of blackmail, covering any
unwarranted demands with menaces, whether involving revealing
information or not.

Blackmail is similar to extortion. The difference is that extortion
involves an underlying, independent criminal act, while blackmail
does not.

The word is variously derived from the word for tribute (in
modern terms, protection racket) paid by English
and Scottish border dwellers to Border Reivers in return for immunity
from raids and other harassment. This tribute was paid in goods or
labour (reditus nigri, or "blackmail"): the opposite is
blanche firmes or reditus albi, or "white rent"
(denoting payment by silver). Alternatively, Mckay derives it from
two Scottish
Gaelic words blathaich pronounced (the th silent)
bld-aich (to protect} and mal (tribute, payment). He notes
the practice was common in the Highlands of Scotland as well as the
Borders.[1]

Contents

English
law

if, with a view to gain for himself or another or with intent
to cause loss to another, he makes any unwarranted demand with
menaces; and for this purpose a demand with menaces is unwarranted
unless the person making it does so in the belief:

(a) that he has reasonable grounds for making the demand;
and

(b) that the use of the menaces is a proper means of
reinforcing the demand.

The Act uses the word "menaces" which is considered wider in
scope than "threat" and involves a warning of any consequences
known to be considered unpleasant by the intended victim. This
covers the spectrum from actual or threatened violence to the victim or others, through damage to property, to the disclosure of
information.

Pretexts for blackmail have included the threat to reveal adultery or criminal acts.
But whatever the nature of the menace, it must be direct. Any vague
threat to cause
"something bad" to happen to some other person, except when certain
demands are met, are not applicable under the law.

It is important to note that if the blackmailer did the act
(i.e. told the victim's wife that he had committed adultery), it
would be perfectly legal. It is only by demanding money not to do
the act, that the crime is committed. This is true even if the
husband would rather pay the money than have the wife know of the
adultery, i.e. does not object to the menace.

Lawful
means

Debt collectors have been accused of blackmail, but those
pursuing legal debts are generally able to justify their threats of
repossession because, even though it may be unpleasant to the
victim, this is a legitimate use of civil law remedies.

But there are limits: many jurisdictions do not allow a "claim
of right" defense to blackmail (i.e., one cannot use blackmail to
collect even a valid debt).

By contrast, those chasing illegal (and thus unenforceable) debts who back up their demands with
the threat of bodily injury cannot avail themselves of the same
defence. There will also be liability even though the debts are
legally owed if the menaces are of a criminal nature, e.g. of an assault or more serious
violence or criminal damage occurred.

The maximum sentence under the terms of the Act is fourteen
years imprisonment[2]; this
reflects the severity of the offense, which in turn, can
consequently destroy a person's reputation, personal life and
livelihood.

If the elements of blackmail are not made out and the defendant
has acquired a vehicle, a charge under s12 Act 1968 may be
preferred, see TWOC.

From LoveToKnow 1911

If someone has committed a crime, another person might blackmail them. The blackmailer might, for example, say that if the criminal does not give them a large amount of money they will tell the police.

A blackmailer may threaten to say something embarrassing about someone unless they hand over a sum of money. It may be something about a sexual relation they are having that they do not want everyone to know about.

Sometimes a business may blackmail another business. They might threaten to harm that business in some way unless money is paid.